Legislation And E-commerce

I am not really sure about this...I am honestly confused with the question..."Several authors feel that legislation will never be able to control electronic commerce sufficiently to satisfy the demands of both governments and consumers. Critically assess this view, giving appropriate examples of legislation and its application." I don't know if I have answered the question right...but...this is what I have arrived...and also their are other some information down there that needed citation...I have limited resources...I'd love to accept any contributions about references...thanks in advanced...

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Electronic Commerce, more popularly known as e-commerce, had become popular a popular business transactions nowadays. It is the exchange of goods and services by means of internet or other computer networks. In addition to that it is the shopping, business transactions and business process involving selling and purchasing products through Web. Electronic commerce is takes place in various ways. Among these are Electronic data interchange, e-mail, fax and many others. And electronic commerce has several types and varieties of business that is conducted online that includes retail businesses that sell products to consumers, service providers that sell services to consumers, and business-to-business commerce. All of this different commerce is available through the net. However, among this commerce the retail transactions make up the largest part of electronic commerce (Scisco, 2007).

Since the emergence of computers and telecommunication technologies is also the start of electronic commerce. It is very popular these days and has already reached an insidious stage without us knowing it. Most of our transactions are than electronically and it has become a weapon by businesses to be used against its competitors. The competitions of business had reached to its wider perspective. The competition is not only within the country but to bigger arena. The competition is now around the globe. The existence of internet had made it all possible.

The birth of electronic commerce had improved our daily routines. It had made things easier for consumers, for business enthusiasts, for us. Lots of businesses today engage in electronic commerce for the reason that it offers several advantages to electronic commerce. Just for example, the purchase of products could be done through the internet thus helps us save time. In addition to that electronic commerce reduces transaction cost for the reason that it improves the flow of information and expands their markets.

The rapid growth of electronic commerce is because it offers a lot of benefits both for consumers and business enthusiasts. Among these consumer benefits are that communication is faster compared to before, you can meet people online and talk to people in Real time. It also allows you to promote yourself and publish or share work, reduce cost of information. Electronic commerce also offers you to buy online, bank online and even look for a job. However, the disadvantages are that it is you may lose privacy, misinformed and lot of others. For businesses, customer services are improved, increase revenue, competitive position is improved and attracts new investment. But, on the other hand, it may cause customer dissatisfaction and poor priority status (Toral, 2005).

It has become the language in the world of business today, electronic commerce. There is an increasing competition among the businessmen worldwide thus, instigating each other to come up with strategies to outwit its competitors, to attract more consumers. The businesses countries by countries are now engaging in electronic commerce. It is the center of attraction in every business. However, on the other hand, electronic commerce does not cover every aspects of business. It does not cover everything when it comes to the needs of every consumer. It still has its limitations. In some way, electronic commerce is not enough or sufficient to satisfy all the demands or the needs of consumers.

Technology, economics, law, and social relations are what electronic commerce made of, structure. These are what electronic commerce constituted of. Technology is most important unit in electronic commerce while economics are concerned with the production, distribution, exchange, and consumption of goods and services. Economics helps business sectors to analyze the demand and supply in order to achieve efficiency both for consumers and business enthusiasts. In economics, the theory of supply and demands states that when the supply exceeds demand thus, the prices of goods should be lowered; at the same time as when demand exceeds supply thus, the prices of goods should be higher (2006). Businessmen supply goods for consumers in accordance to their demands. Electronic commerce follows the traditional commerce the only difference is that transactions are done electronically.

As it rise in its popularity, government of each country had written laws for the protection of the consumers and business sectors. Every law varies in each country however the content with regards to the implementation of the law is to some extent similar. In addition to the structure of electronic commerce is that the laws serve as consumers and business sectors’ protection thus; it gives assurance that rights are not violated against in any technology related criminal offenses.

Laws are created to control unlawful acts. To define it, law is an body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members (Probert, 2007). The principle of electronic commerce law is that whatever is applicable and authorized in the real world will also be treated the same in the electronic world by recognizing its electronic counterpart (Toral, 2005). However, on the other hand, there are opinions from various authors saying that the legislation will never be able to control electronic commerce sufficiently to satisfy the demands of both the government and the consumers. Why is that so?

Electronic commerce only covers business transactions that could only be or possibly be done electronically. There are legislations that govern this. These laws about electronic commerce in every country have the same objectives. For instance, in the Philippines, the law for electronic commerce or Republic Act 8792 this Act aims to facilitate domestic and international dealings, transactions, agreements, contract and exchanges and storage of information through the utilization of electronic, optical and similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public. In addition to this Act is that it shall apply to any kind of data message and electronic document used in the context of commercial and non-commercial activities to include domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information. And such service providers shall have no authority to modify or alter the content of the electronic data message or electronic document received or to make any entry therein on behalf of the originator, addressee or any third party unless specifically authorized to do so, and who shall retain the electronic document in accordance with the specific request or as necessary for the purpose of performing the services it was engaged to perform (Citation needed).

Among the demands of consumers is that the confidentiality of the data or information is protected. Privacy of personal information is a significant issue for some consumers. Different legal jurisdictions have different laws concerning consumer privacy, and different levels of enforcement (Wikipedia, 2008). In the midst of the electronic commerce law, Republic Act 8792, it provides recognition and use of electronic commercial and non-commercial transaction and documents as well as the penalties for unlawful use thereof and for other purposes. In addition to that it also states that consumers have the right to choose to the type and level of security that suit to their needs. In addition to, the law also mandates the authorities and parties with legal authorities that electronic data messages, electronic documents and electronic signatures shall not be shared or conveyed to any other person for confidentiality purposes. Thus, the consumers or the users of electronic data messages, electronic documents and electronic signatures are provided a sense of security that the confidentiality is rest assured.

In India, their electronic commerce law or Information Technology Act of 2000 states that it provides legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communications which involves the use of alternative to paper-based methods of communication and storage of information, [and] to facilitate electronic filing of documents with the government agencies… (Citation needed). It is where it establishes the legal validity and enforceability of digital signatures and electronic records thus, this law wanted to protect consumers against any unlawful act.

Electronic commerce had brought improvement to both developed and developing countries. Like France, a developed country where there are strong impact on electronic commerce. Their progressive switch to a digital economy only proves that a careful implementation of the long-term viability of applications. Their implementation of the principles of electronic commerce with a voluntary policy aimed to stimulate the rise of Information Society and Digital Economy. That is to build an information society for all to prevent digital gap and to help their country to catch up with other countries in terms of interne usage. With this implementation and France’s involvement had removed the obstacles hindered the use of internet.

“Keeping the purpose of newsgroups and mailing lists; Legitimacy of the processing: no electronic mailing without consent; Prior information: no collection without the person’s knowledge; Right to object: possibility to object to the collection of one’s e-mail address for directs marketing purposes.” This is one of France Electronic Commerce Law that is comparable to the ones like in the Philippines. That is to consumer’s confidentiality of information. In the company of France adaptation of electronic commerce had made its marketing more flexible, more internationalized, more accustomed to competition and reorganized accordingly (citation needed).

The creation of Electronic Commerce Law to every country is to serve it as a guide and to recognize and use of electronic commercial and non-commercial transactions and documents. In addition to that penalties are specified for those who abuse and for those who do not follow the law. The legislation had satisfied the government and consumer demands because the use of electronic commerce improves economic efficiency, it allows the use of business models, magnifies the effect of other changes going on in business, and it results to some changes in a society (Citation needed).

The emergence of electronic commerce had help to develop economic status. The results to economic, business and transaction industries have brought up changes to a country. Just like in Canada that their reliance on Electronic commerce had an increased in their sales of goods and services over the internet as of 2001. Implementation of electronic commerce seemed to a country’s economic growth and stabilization. Foreseeing these possibilities, lot of leaders of every country had started to implement electronic commerce because of its huge help to its market, to its economy. And as to the implementation of electronic commerce government plays an important role to the growth of electronic commerce. Because a fully structured e-commerce law is very important to countries that invest well on companies and individuals that perform an exchange of information or transactions using any form of communication. And the law had helped the country boost electronic commerce and made the country as one of the legitimate players in the global marketplace. In addition to that, electronic commerce laws gives appropriate consideration to the threat that fraud and deception on the Internet pose to the growth and public acceptance of electronic commerce. And these laws establish safeguards that can avert many of the abusive practices that marked earlier technological innovations in the marketplace (Citation needed).

Electronic commerce had a huge part in businesses nowadays. It had improved our lifestyle and it made things easy. The traditional business transactions in the past can de done through internet or any other electronic means. Because of its advantages that it offers had been the prime reason why consumers and government adapted it. Though it has lots of benefits to offer on the other hand, it still has its disadvantages on its side. For assurance, governments had written laws to protect business enthusiasts and consumers rights along with penalties for those who abuse or those who do not follow the law. The laws primary concern is to protect the confidentiality of personal information of consumers who are engaged with electronic businesses. These laws are written in accordance to consumers needs and as for the government’s role are to implement this law.


References:

1. Scisco, Peter. "Electronic Commerce." Microsoft® Student 2007 [DVD]. Redmond, WA: Microsoft Corporation, 2006.
2. Lekachman, Robert. "Economics." Microsoft® Student 2007 [DVD]. Redmond, WA: Microsoft Corporation, 2006.
3. "Supply and Demand." Microsoft® Student 2007 [DVD]. Redmond, WA: Microsoft Corporation, 2006.
4. Toral, Janette (2005).”Introduction to E-commerce”
5. Wikipedia (2008). “Online Shopping.” http://en.wikipedia.org/wiki/Online_shopping [last accessed 19 November 2008]
6. Probert, Walter. "Law." Microsoft® Student 2007 [DVD]. Redmond, WA: Microsoft Corporation, 2006.
7. Toral, Janette (2005). “Advantages and Disadvantages of E-Commerce.”